Cox v. Collins
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace Wilkinson, Judge. Action by J. R. Cox against Thomas Collins for damage for breach of an agreement to convey land. From an adverse ruling on the pleading, plaintiff took a nonsuit, and appeals. Suit by appellant against appellee. Prom the ruling of the court sustaining demurrers to the first count of the complaint plaintiff took a nonsuit with bill of exceptions to review such rulings.
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Appeal from Circuit Court, Jefferson County; Horace Wilkinson, Judge. Action by J. R. Cox against Thomas Collins for damage for breach of an agreement to convey land. From an adverse ruling on the pleading, plaintiff took a nonsuit, and appeals. Suit by appellant against appellee. Prom the ruling of the court sustaining demurrers to the first count of the complaint plaintiff took a nonsuit with bill of exceptions to review such rulings. Count 1 is as follows: “Plaintiff claims of the defendant $3,0Q0 damages for the breach of an agreement entered into by him heretofore, to wit, on the 17th…
1Opinion of the CourtGardner, J.
This litigation arises out of a contract for the sale of lands, which is set out in the complaint and will appear in the statement of the case, and count 1 discloses that the plaintiff relies upon the language of the contract as establishing a warranty as to the quantity of land; this suit being brought for a breach thereof.
[1] The question of prime importance therefore is whether or not the contract imports a covenant of warranty as to quantity. This question is usually reduced to another, whether or not the contract shows a sale of the lands in gross or a sale by the acre.
“The general rule…
2Cases cited9 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Hodges v. DennySupreme Court of Alabama · 1888
- Wright v. WrightSupreme Court of Alabama · 1859
- Minge v. SmithSupreme Court of Alabama · 1840
- Manning v. CarterSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bankhead v. JacksonSupreme Court of Alabama · 1952
- Byars v. SandersSupreme Court of Alabama · 1927
- In Re Estate of HagerSupreme Court of Iowa · 1931
- Gadsden Brick Company v. CranfordSupreme Court of Alabama · 1961
- Lessley v. BeairdSupreme Court of Alabama · 1936
1 more not listed; retrieve them via the Exa API.